Section 11.20 Statute of Limitations and Laches

• Library: Tort Law 2016

F. (§11.20) Statute of Limitations and Laches

In 1980, Congress enacted Pub. L. No. 96-382, 94 Stat. 1525, codified at 46 U.S.C. § 30106 (formerly cited as 46 App. U.S.C. § 763a), which provides: "Except as otherwise provided by law, a civil action for damages for personal injury or death arising out of a maritime tort must be brought within 3 years after the cause of action arose." A consequence of the application of maritime law of particular interest to tort actions in Missouri is that, when the maritime law applies, the three-year statute of limitations in 46 U.S.C. § 30106 applies, rather than Missouri’s five-year statute of limitations for torts in § 516.120(4), RSMo 2000. See Barner v. Mo. Gaming Co., 48 S.W.3d 46 (Mo. App. W.D. 2001) (applying the three-year statute of limitations in a state court case when...